HELP! Parents of Canadian child (American Father/Canadian Mother)

[KonfusedKanadian]

Hopefully we can get some clarification on our situation here.

I am a Canadian and my child's father is American. He was living in Canada on a Student VISA and it is currently still valid at the time of our child's birth.

We would like to marry and continue to live in Canada but on a Student VISA one can only avail of 15 hours of work maximum. My child's father is no longer able to be funded to attend school so he has to move back to the U.S., as he will need work in order to save money to continue his schooling in Canada.

If we were to marry in the U.S. would the process for me to "sponsor" him into Canada be easier or would we have to marry in Canada (or does it matter).

Any insight would be a great help. I'm sure there are more details I could cover off on but I'll wait to see if there is any response first to engage more!

Thank you in advance!

 

[wilson]

I don't think there is any impediment for a routine processing time of family class sponsorship if you get married in USA. CIC require a legal marriage certificate.

According to OP 2 Section 5.30. Recognition of a marriage :

A marriage that is legally recognized according to the law of the place where it occurred is usually
recognized in Canada. A16(1) puts the onus on applicants to prove their marriage is legal where it
took place. A marriage, which took place abroad, must be valid both under the laws of the
jurisdiction where it took place and under Canadian federal law.

 

[KonfusedKanadian]

Thank you Wilson for your response. I greatly appreciate it.

I guess I was wondering if it would prevent him from flying to Canada and vice versa as he is currently back in the US.

I have read that some say it's easier to file papers from abroad (him being in the US) as the process is a little quicker in the event he needs to have an interview or the sort.

We went to see a lawyer when he was living here and when our child was born, but that has been over a year now and of course the situation has changed.

I am going to be flying down for a visit this summer and we were just going to get married during that visit. Do I have to declare my intentions at the border? Or does that matter? If you know that is!

Then I would have the paper work to get things started on my end to sponsor him in. Makes sense right? *haha*

Ugh, why is it so complicated? We are practically the same country! *haha*

Thank you so much and I appreciate any feedback you can give or any direction!

KK

 

[wilson]

Hi, According to me there is nothing confusing or complicated in your situation and I hope everything will go fine. US Immigration may be not be interested to know whether you are going to get married in USA or not. You could even tell to the I O that your intention of visit is to spend few days with your fiance.

You may submit the sponsorship application after marriage at CPC Mississauga and the PR processing at Buffalo, which would be faster than Inland.

Good luck.

 

[KonfusedKanadian]

Hi again Wilson!

So after marriage I apply to sponsor him at the office in Mississauga and also in Buffalo? I'm assuming this doesn't have to be in person does it?

After we marry he may just come back with me (as he still has a valid student VISA) and wait for the process to be finalized but that's still up in the air. But we would still have to apply in Buffalo as well, correct?

I reckon we will obtain the same lawyer we had in the beginning, but I do appreciate the help and direction you have given me.

Thanks again...and I'm sure I'll have more questions so stand by! *haha*

KK

 

[wilson]

Hi there, Your sponsorship application should be submitted with all completed documentation to CPC Mississauga. Then after approval of sponsorship the papers will be sent from CPC to Buffalo visa office for PR processing. There is no problem for your fiance for returning to Canada as he has a student visa.